CALIFORNIA PRIVACY NOTICE

California Privacy Notice

Last Updated: August 22, 2024

This California Privacy Notice (“California Notice”) supplements the Privacy Policy and applies solely to visitors, users, and others who reside in the State of California (“consumers” or “you”). Skims Body, Inc. (“Skims”, “we”, “us”, “our”) adopted this California Notice to comply with California privacy laws, including the California Consumer Privacy Act (“CCPA”), as amended by the California Privacy Rights Act (“CPRA”). Any terms defined in the CCPA and not defined here have the same meaning when used in this California Notice. The terms of the Privacy Policy, as applicable, are hereby incorporated into this California Notice. Please see our general Privacy Policy. 

NOTICE OF COLLECTION AND USE OF PERSONAL INFORMATION

We collect information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household (“Personal Information”). In addition, we may collect data that is not identifiable to you or otherwise associated with you, such as aggregated data, and is not Personal Information. To the extent this data is stored or associated with Personal Information, it will be treated as Personal Information; otherwise, the data is not subject to this notice.

Categories of Personal Information

Within the last twelve (12) months, we have collected the following categories of Personal Information:

Identifiers such as a real name, account name, email address, online identifier, internet protocol address, mobile device identifier (including Apple IDFA or an Android Advertising ID), or other similar identifiers.

Personal information categories listed in the California Customer Records statute (Cal. Civ. Code 1798.80(e)), such as your name, account or mailing address, phone number.

Commercial information, including records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.

Internet or other electronic network activity information, such as the pages you visit; the sites you use before or after visiting ours; your actions within the Services; the type of content or advertisements you have accessed, seen, forwarded and/or clicked on; Wi-Fi connections; date and time stamps; log files; and diagnostic, crash, website, and performance logs and reports.

Audio, electronic, visual, thermal, olfactory, or similar information, such as voicemails on our customer service phone line.

Inferences drawn from any of the information above to create a profile about a consumer reflecting the consumer’s preferences, characteristics, and shopping behavior.

Precise geolocation data through the use of tracking technologies, , but only where we have obtained your prior written consent (“Sensitive Personal Information”).

We will not collect additional categories of Personal Information other than those categories listed above. If we intend to collect additional categories of Personal Information, we will provide you with a new notice at or before the time of collection.

Sensitive Personal Information

Only where we have received your permission and consent–we collect geolocation information. For example, when using our mobile app, you may be prompted to allow or reject the tracking or your precise geolocation. Under the CCPA, precise geolocation may be considered “sensitive” Personal Information.

We may use such precise geolocation information for the following purposes:

  • purposes as directed by you or for the performance of Service you request and as reasonably expected in the context of such performance;
  • with your consent;
  • to protect our legal interests and to ensure the physical safety of ourselves and other individuals; or
  • to carry out our obligations under applicable law.

We do not sell or share sensitive Personal Information with any third parties for cross-context behavioral advertising or to use for their own purposes. We will only collect and use this information after receiving your prior consent.You have the ability to disable the sharing of this information with us at any time through the settings on your mobile device.

Use of Personal Information

We collect and process your Personal Information for the following business and commercial purposes:

  • Providing, predicting, or performing, including creating, maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, and processing payments.
  • Responding to your requests, communicating with you regarding the Services and our content, providing product information, servicing your requests and orders, and providing you with the applicable services, features or functionality associated with your submission(s).
  • Marketing our products and services to you, including sending you promotional or marketing communications, which may include contests, promotions, and special offers for products and services.
  • For internal business purposes, such as optimizing the Services, evaluating the popularity of content or effectiveness of our marketing campaigns, generating statistics and developing marketing plans, and otherwise for general administrative, analytical, research, optimization, and security purposes.
  • Understanding your use of the Services and improving or customizing the Services and the content, offerings, or advertisements you see on the Services.
  • Detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity.
  • Debugging to identify and repair errors that impair existing intended functionality.
  • Complying with applicable laws, regulations, rules and requests of relevant law enforcement and/or other governmental agencies, or for other purposes, as permitted or required by law.
  • As necessary or appropriate to protect the rights, property, and safety of our users, us, and other third parties.

We will not use the Personal Information we collected for materially different, unrelated, or incompatible purposes without providing you with notice.

We may use and disclose your Personal Information: (i) in response to subpoenas, court orders, or other legal process; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law; (ii) when we believe it is appropriate to investigate, prevent, or take action regarding illegal or suspected illegal activities; to protect and defend the rights, property, or safety of our company, our users, or others; and in connection with the enforcement of our TERMS and other agreements; or (iii) in connection with a corporate transaction, such as a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy.

Pursuant to and consistent with the purposes for collecting your Information as set forth in this California Notice, we disclose certain categories of Personal Information to third parties for legitimate business purposes. The categories of Personal Information we disclose includes:

  • Identifiers: including but not limited to name, telephone number, address, age, email address, or date of birth;
  • Commercial Information: including but not limited to contact information and order history;
  • Audio, electronic, visual or similar information: such as customer service phone line records.
  • Internet or other electronic network activity information: including but not limited to computer and connection information, IP address, and cookies and other tracking technologies described further above; and
  • Inferences: drawn from the above categories of Personal Data.

The categories of third parties to which we may share the above categories of information, include, without limitation:

  • Our affiliates and related entities;
  • Third party service providers: including, but not limited to, payment processing companies, data analytics and advertising providers, fraud prevention providers, cloud storage providers, IT service providers, delivery partners, and marketing companies; and
  • Law Enforcement.

SOURCES OF PERSONAL INFORMATION

We collect Personal Information from the following categories of sources:

  • From You. For example, if you choose to create an account on our website; contact us or otherwise communicate with us in any way; subscribe or opt in to our newsletter, alerts, or other communications; subscribe or opt in to SMS messages; sign up for product waitlists; participate in a contest or promotion, order our products; submit product reviews, questions, feedback or user comments; complete an optional survey; contact customer service; or otherwise interact with the Services.
  • From our Service Providers. For example, we contract with companies or individuals to provide certain services related to the functionality and features of the Services, including content streaming; email and hosting services; software development; data management; orders, payment processing; management of forms, quizzes and polls; customer service; returns; live chat; marketing; fraud prevention; product review and questions; and administration of contests and other promotions. See our Privacy Policy for more information about our services providers.
  • Operating Systems and Platforms. For example, we automatically collect information relating to the computer or device you are using when you access our Services, such as your computer’s IP address, your mobile device identifiers, the type of browser and operating system you are using, and your device and browser settings.
  • Data Analytics Providers. For example, we and our technology providers automatically collect data related to your use of the Services through the use of logging and analytics tools (such as Google Analytics), cookies, pixel tags, and other tracking technologies and as a result of your use of and access to the Services, such as the pages you visit, the sites you use before or after visiting ours, your actions within the Services, the type of content or advertisements you have accessed, seen, forwarded and/or clicked on, Wi-Fi connections, date and time stamps, log files, and diagnostic, crash, website, and performance logs and reports. Google Analytics may also collect information through other methods in addition to cookies. 
  • Advertising Networks. For example, ad networks, such as Google, to serve advertisements across the Internet. These advertisers use cookies, pixel tags, and other tracking technologies to collect information about your online activity and provide online behavioral advertising.
  • Social Networks. For example, if you connect to our Services through a third-party social network such as Facebook, Twitter or Instagram (each, a “Social Network”), we may collect Personal Information from your profile, such as your name, username, and e-mail address.

Sale or Sharing of Personal Information

We do not sell your Personal Information as the concept of “selling” is traditionally understood as being the exchange of something for money. However, we sell your personal information to, and share your personal information with, third parties for the purpose of cross-contextual behavioral advertising purposes (e.g., targeted advertising and remarketing). Applicable U.S. state data protection laws hold such disclosures and sharing to be considered “selling” or “sharing”. Therefore, you may have the right to opt out of such selling and sharing. In the preceding 12 months, we have sold or shared the following categories of Personal Information with the following categories of third parties and for the following purposes:

  • Identifiers: We provide such information to analytics, marketing, advertising and remarketing partners and services providers for analytical and targeted advertising purposes, including, to target advertisements to you for goods and services and by displaying those advertisements on other websites.
  • Internet or other electronic network activity information: We provide such information to analytics, marketing, advertising and remarketing partners and services providers for analytical and targeted advertising purposes, including, to target advertisements to you for goods and services and by displaying those advertisements on other websites.

You have the right to opt out of the selling or sharing of your Personal Information as described herein. You may exercise this right to opt out by utilizing the Global Privacy Control as mentioned in “Do Not Track” section below, or by clicking the Do Not Sell or Share My Personal Information option in the footer of the website and changing your Cookie Settings as described on that webpage. If you have any questions, concerns, or would like more information on our ability to opt out, you can contact us by emailing: info@official-skims.com 

 

We do not and will not knowingly “sell” or “share” the Personal Information of minors under the age of 16 without affirmative authorization.

Do Not Track

We use analytics systems and providers and participate in ad networks that process Personal Information about your online activities over time and across third-party websites or online services, and these systems and providers may provide some of this information to us. We currently process or comply with any web browser’s “do not track” signal or similar mechanisms where required by applicable law. Please note, however, that you may find information about how to opt out of online behavioral advertising and/or block or reject certain tracking technologies in our Privacy policy. Additionally, residents of certain U.S. states may opt out by broadcasting an Opt-Out Preference Signal under applicable law, including the Global Privacy Control (GPC), depending on which browsers and/or browser extensions you use that may support such a signal. Note that if you choose to use the GPC signal, you will need to turn it on for each supported browser or browser extension you use.

RETENTION OF PERSONAL INFORMATION

We retain your Personal Information for no longer than is needed or permitted in light of the purpose(s) for which it was obtained. The criteria used to determine retention periods include: (i) the length of time we have on an ongoing relationship with you and provide the Services to you; (ii) whether there is a legal obligation to which we are subject; and (iii) whether retention is advisable in light of compliance with laws (such as, in regard to applicable statutes of limitations, litigation or regulatory investigations).

YOUR CALIFORNIA PRIVACY RIGHTS

California’s “Shine the Light” law permits our users who are California residents to request and obtain from us a list of what personal information (if any) we disclosed to third parties for their own direct marketing purposes in the previous calendar year and the names and addresses of those third parties. Requests may be made only once per year per person, must be sent to info@official-skims.com and are free of charge. However, we do not disclose personal information protected under the “Shine the Light” law to third parties for their own direct marketing purposes.

The CCPA provides California residents with the below rights. For more information about how to exercise your CCPA rights, see the section “Submitting a Verified Consumer Request” below.

  1. Right to Know/Access: You have the right to know Personal Information we have collected about you during the previous 12 months, including:
  • Categories of Personal Information collected about you.
  • Categories of sources from which we collected the Personal Information.
  • Business or commercial purpose(s) for collecting your Personal Information.
  • The categories of third parties we share Personal Information with.
  • Specific pieces of Personal Information we collected.
  1. Right to Correct: You have the right to correct inaccurate Personal Information about you. Once we receive and verify your request, we will use commercially reasonable efforts to correct the inaccurate Personal Information about you.
  2. Data Portability: You have the right to request a copy of Personal Information we have collected and maintained about you during the applicable time period.
  3. Right to Deletion: You have the right to request that we delete the Personal Information we collected from you and maintained, subject to certain exceptions.
  4. Right to Opt-In to Financial Incentives: You have the right to opt-in to financial incentives. You also have the right to opt-out at any time. Please see the “Notice of Loyalty/Financial Incentive” section below for more information about the financial incentive(s) and/or price or service difference(s) that we may offer.
  5. Right to Opt-Out/In of Sale or Sharing: You have the right to opt-out of the sale or sharing of your Personal Information. You also have the right to opt-in to the sale or sharing of Personal Information. Please see our Notice of Right to Opt-Out on our “Do Not Sell or Share My Personal Information” page for more information about your opt-out/in rights.
  6. Right to Non-Discrimination: You have the right not to receive discriminatory treatment by us for the exercise of your CCPA privacy rights.We do not discriminate against users for exercising the rights granted to them under the CCPA.

We do not use your Personal Information to profile you in furtherance of decisions that produce legal or significantly similar effects (as may be defined under applicable law). You also have the right to submit a complaint about our processing of your Personal Information to the California Privacy Protection Agency at https://cppa.ca.gov/webapplications/complaint.

SUBMITTING A VERIFIED CONSUMER REQUEST

To exercise your rights outlined above, you must provide us with sufficient information to allow us to verify your identity and describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it. Once we receive the information you provide to us, we will review it and determine if more information is necessary to verify your identity as required by law, and we may request additional information in order to do so.

To exercise your California privacy rights described above, please submit a verifiable request to us by:

  • Calling us at 1-833-691-5288
  • Visiting Data Request
  • Emailing us at info@official-skims.com

Please note that to exercise your rights to opt-out of targeted advertising and/or the sale of your Personal Information, you must follow the instructions provided under the “Sale or and Sharing of Personal Information” section of the California Policy above. Only you, or a person authorized by you to act on your behalf, may make a verifiable consumer request related to your Personal Information. The verifiable consumer request must:

Only you, or a person authorized by you to act on your behalf, may make a verifiable consumer request related to your Personal Information. The verifiable consumer request must:

Provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information or an authorized representative. We will need to verify your identity with at least two (2) pieces of information, such as name and email address.

Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We may deny your request if we are unable to verify your identity or have reason to believe that the request is fraudulent.

CONSUMER REQUEST BY AN AUTHORIZED AGENT

If any authorized agent submits a consumer request on your behalf, in order to confirm that person or entity’s authority to act on your behalf and verify the authorized agent’s identity, we require the below items:

To verify your authorization to request on behalf of a California resident, provide one or more of the following: (1) California Secretary of State authorization, (2) written permission from the California resident, or (3) power of attorney.

Sufficient information to verify the authorized agent’s identity, depending on the nature of the request.

To verify the identity of the California resident for whom the request is being made, provide the information set forth above for verification of the consumer request.

We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you. We will only use Personal Information provided in a verifiable consumer request to verify the request’s identity or authority to make the request.

We will acknowledge receipt of the request within ten (10) business days of its receipt. We will respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. We will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period preceding the receipt of the verifiable consumer request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For Data Portability requests, we will provide the responsive information in a portable and, to the extent technically feasible, in a readily useable format that allows you to transmit the information to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

NOTICE OF LOYALTY/FINANCIAL INCENTIVES

From time to time, we may offer a financial incentive and/or price or service difference to our customers related to the collection of Personal Information. This Notice of Financial Incentive(s) explains the financial incentives or price or service differences that we may offer, so that you can make an informed decision on whether you would like to participate.

We offer various financial incentives to customers in certain situations. For example, we may provide discounts, coupons and other benefits (such as free shipping, expedited returns processing and/or VIP customer service) for customers who sign up to receive our marketing emails or join our loyalty program. When you participate in a financial incentive, we collect personal information from you, such as identifiers (like your name and email address) and commercial information (like your purchase history). You can choose to opt-in to a financial incentive by following the sign-up or participation instructions provided, and you have the ability to opt-out of the financial incentive, or our subsequent use of your personal information in connection with a financial incentive, at any time by contacting us at privacy@skims.com. In some cases, we may provide additional terms and conditions for a financial incentive, which we will present to you when you sign up. The value of your personal information is reasonably related to the value of the offer or discount presented to you.

MODIFICATIONS AND UPDATES TO THIS CALIFORNIA NOTICE

This California Notice replaces all previous disclosures we may have provided to you about our information practices with respect to the Services. We reserve the right, at any time, to modify, alter, and/or update this California Notice, and any such modifications, alterations, or updates will be effective upon our posting of the revised California Notice. We will use reasonable efforts to notify you in the event material changes are made to our processing activities and/or this California Notice, such as by posting a notice on the Services or sending you an email. Your continued use of the Services following our posting of any revised California Notice will constitute your acknowledgement of the amended California Notice.

ADDITIONAL INFORMATION AND ASSISTANCE

If you have any questions or concerns about this California Notice and/or how we process Personal Information, please contact us at:

Skims Body, Inc.

Attn: Privacy

P.O. Box 1339

Culver City, CA 90232

E-mail: info@official-skims.com